August 12, 2010 

Written By Attorneys: John M. Clark and Erin Nulty 

This article is an interpretation of current law and is offered for informational purposes only. This material is not legal advice and should not be construed or used as a substitute for the advice of an attorney.

In a victory for equine facility operators and their liability insurers, the New Jersey Supreme Court recently issued an opinion strengthening operators' statutory immunity to lawsuits under the New Jersey Equine Activities Liability Act. In Hubner v. Spring Valley Equestrian Center, 2010 WL 2925021, the Court held that the sections of the Equine Act defining the risks assumed by the rider should be read broadly in favor of the facility operators, while the exceptions allowing for the imposition of liability on the operators should be construed narrowly. The Court recognized that the Equine Act was designed to establish a dividing line between the known and inherent risks of participating in an equine activity and those matters that comprise the duty of care owed by the facility's operators to the participant. Accordingly, the Court held that the Equine Act serves as a complete bar to claims based on injuries caused by one of the inherent risks of equine activities as defined in the Act. As a result of the Court's interpretation of the statute, equine facility operators and their insurers will have the benefit of increased protection from lawsuits by riders injured by one of the inherent dangers of the sport.